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Infringing technologies.
Ed Foster stumbled upon an earlier Supreme Court decision that may affect MGM vs. Grokster:
U.S. Supreme Court
April 1, 1905MR. JUSTICE HOLMES delivered the opinion of the court:
This is an appeal from a decree restraining an alleged infringement by the defendant of the copyrights of artists represented by the respondents. That massive infringement has occurred using the systems developed and sold by the defendant is not in dispute. Respondents have estimated, and the defendant has stipulated as fact, that 90 percent of the content used on those devices are direct or thinly disguised copies of copyrighted works. The only question at hand is whether the defendant's actions in selling those systems constitutes infringement on his part.
[...]
Therefore, in the matter of defendant Thomas Alva Edison versus respondent the Book Authors Guild and respondent the Sheet Music Publishers Association, this court unanimously concurs with the lower court's decree. In inventing and offering for sale his "moving picture" and "phonograph" devices, the defendant induced countless infringing acts against the holders of copyrights for books and music. Defendant Edison's assets are to be seized in order to make restitution to the respondents. Furthermore, all phonographs, record players, moving picture equipment and similar devices are to be confiscated and destroyed. All "record" companies and "film studios" most disgorge their ill-gotten gains and henceforth cease and desist all operations now and forevermore.